Hyderabad: Chief Justice of India N V Ramana has advised that everybody must keep the option of going to the Courts as a last resort and use this only after exploring the option of ADR systems like arbitration, mediation, conciliation and negotiation.
Speaking at the curtain raiser and stakeholders conclave held at HICC in Madhapur here on Saturday, in connection with the inauguration of International Arbitration & Mediation Centre (IAMC) here on December 18, Justice Ramana while quoting great Indian epic, the Mahabharata where Lord Krishna attempted to mediate the dispute between the Pandavas and Kauravas, said that the reasons for conflicts are many.
Misunderstandings, ego issues, trust and greed can lead to conflicts. Ultimately, small differences of opinion can also lead to a big conflict. And even big conflicts can be resolved with some effort in understanding one another, the CJI said.
He said, Arbitration and Mediation are efforts at restoring a relationship. The most important factor behind the resolution of any dispute is having the right attitude. The right attitude should leave aside our ego, emotions, impatience and embrace practicality.
But, once these conflicts enter a Court, much gets lost in the practice and procedure, Justice Ramana said thehre is no need to elaborate the benefits of mediation and arbitration to this gathering of domain experts and business people.
The CJI said dispute resolution mechanisms like arbitration and mediation are now-a-days the preferred modes of dispute resolution. The reasons for opting for mediation or arbitration over traditional litigation are manifold–less expensive, more involvement of the parties, more comfortable and amicable environment for the parties.
Similarly, mediation has immense potential for dispute resolution in India, for both domestic and international disputes, he said.
Elaborating the advantages of mediation, Justice Ramana said mediation allows for settlements and compromises between parties, ensuring that there is no winner or loser in the process, parties have far more control over the outcome, possibility of a continued relationship between parties after the dispute resolution process, greater options for choice of mediator with varied expertise, as there is no requirement for a legally trained mediator.
